Chagrin Falls, OH asked in Tax Law, Child Custody, Child Support, Divorce and Family Law for Ohio

Q: In divorce creed dated in 2015, Father was entitled to daughte as tax exemp as long as child spp and medic were current.

Hi, I had a simple question about claiming my daughter on my taxes. I have been her sole guardian since May 2021 when child support stopped. I am also on three of her college loans and make monthly payments on all of them. I provide her with all essentials such as room/board, toiletries, food, etc. She will be 21 in January. I thought I could claim her last year on my taxes because I am paying on her college loans, but now I am unsure. Daughter also files her own taxes because of part time jobs at restaurants that she has in Ohio and Michigan. My ex-spouse is harassing me to sign the "Release/ Revocation" Form but I felt that since he has not been responsible for any child support since May 2021 and I have been her sole supporter, I should be able to claim her on my taxes. Can you let me know what is the right thing to do? Can I make an amendment? I appreciate your time

1 Lawyer Answer
Kelly A Rochotte
Kelly A Rochotte
  • Divorce Lawyer
  • Cleveland, OH
  • Licensed in Ohio

A: If your daughter has her own income by which she's paying taxes, you can claim her on your own tax return but will also need to acknowledge the income she's receiving. It will be imputed as income to your household for the purposes of tax assessment. Simply paying on her loans does not entitle you to claim her; if she is living on her own, for example, and paying for her own expenses, then she will need to file her own return using the wages she has earned. You should speak with a CPA about this or a tax attorney; they will be able to explain the specific options you will have given the amount of your daughter's income and your current circumstances.

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